How France’s sexual harassment law took a five-week hiatus

The suspension of the old law created a "dangerous void".

On 4th May of this year, France dropped its existing sexual harassment law. Yesterday, on 12th July the French Senate voted unanimously in favour of the new legal text on harassment. No, there’s no evidence of a spike in opportunist pestering and molesting in the period between the old law being dropped and the creation of the new law. Still, as busy as the French political system was with the transition to Hollande’s Presidency and the inauguration of the new Parliament, the question remains: how, exactly, did the legal right to not be harassed manage to go on a five-week holiday in France?

The issue began in the dying days of Sarkozy’s Presidency when the sexual harassment law, enacted in 1992 but modified in 2002 to broaden its meaning, was increasingly criticised and challenged in the courts for being insufficient – the 2002 legislation defined sexual harassment as “the act of harassing others to gain sexual favours”, a problematic and confusing definition (much sexual harassment and intimidation can take place without the harasser explicitly seeking sex from the victim, for instance) that France’s constitutional council declared the existing legislation inadequate, leading to its immediate suspension. As the National Assembly, who write the law, were elected in June, the transition-period left the old law suspended but the new law yet to be written.

Feminist groups in France had been arguing that the law was nearly useless, and being inappropriately used to downgrade crimes such as rape and sexual assaults: in this sense the new 2012 law, which presents three new tiers of protection for victims, is a clear improvement. Still, this eventual benefit was marred by the immediate concern of the legal purgatory the constitutional council’s suspension of the old law created, and women’s groups took to the streets to protest this oversight.

Because for all the dubious jokes about the interim period being a brief window of opportunity for the office letch, there were serious consequences to the legal hiatus: with no recourse to legal tools to prosecute, all ongoing harassment cases were dropped, including for sexual assault.  The highly imperfect temporary solution was for victims’ lawyers to look for other grounds for prosecution.  The new minister for women’s rights, Najat Vallaud-Belkacem, has since condemned the interim period as a “dangerous void” and made facilitating the new law’s passage her one of her first ministerial priorities.

Vallaud-Belkacem’s commitment is sorely needed after France’s recent international shame on sexual politics.  2011will forever go down as the annus horribilis of gender issues (or just the year of Are You Serious, Misogynists?) in France: on top of the Strauss-Kahn trial itself, the domestic media’s mishandling of “affaire DSK” increased global scrutiny of the country’s glaring gender inequities, while the Socialist Party (PS) primaries brought an unhappy reminder of the flagrantly misogynistic treatment of PS candidate Segolene Royal in 2007.  Little wonder that, by the end of 2011, protest group La Barbe were making international headlines for donning beards and damning the entrenched sexism in French society and politics.

With a new Presidency and Parliament, 2012 looks set to capitalise on the renewed concern for gender issues ignited by the DSK events, as the appointment of Najat Vallaud-Belkacem – who has a brief to address harassment and sexism as well as reverse the Sarkozy-era encroachments on women’s benefits – seems to indicate.  Hollande’s appointment of equal numbers of male and female ministers to his cabinet, while not in itself a guarantee that the government’s legislation will advance women’s rights, certainly signalled a recognition of the need to redress the gender-gap.   Hollande and the Minister of Justice have since echoed the Women’s Rights Minister’s assertion that combatting sexism will remain a priority.  As Vallaud-Belkacem said in a recent Guardian interview: "everything will be looked at through the prism of gender equality. If we see an imbalance, we will readjust it.”

The “dangerous void” left by the repeal of the sexual harassment law was a less than ideal start to a new era but one which, thankfully, appears to be being addressed promptly by Vallaud-Belkace. With a new Women’s Rights Minister and a gender-equal cabinet, the country now has a chance to recover from the sexist-nadir that was 2011. For your political elite to be roundly condemned as misogynist might be regarded as misfortune; misplacing your sexual harassment legislation begins to look like carelessness. Here’s hoping women’s rights in France continue to improve from this point.

 

A member of activist group La Barbe onstage at a recent event. Photograph: Getty Images
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What will Labour's new awkward squad do next?

What does the future hold for the party's once-rising-stars?

For years, Jeremy Corbyn was John McDonnell’s only friend in Parliament. Now, Corbyn is the twice-elected Labour leader, and McDonnell his shadow chancellor. The crushing leadership election victory has confirmed Corbyn-supporting MPs as the new Labour elite. It has also created a new awkward squad.   

Some MPs – including some vocal critics of Corbyn – are queuing up to get back in the shadow cabinet (one, Sarah Champion, returned during the leadership contest). Chi Onwurah, who spoke out on Corbyn’s management style, never left. But others, most notably the challenger Owen Smith, are resigning themselves to life on the back benches. 

So what is a once-rising-star MP to do? The most obvious choice is to throw yourself into the issue the Corbyn leadership doesn’t want to talk about – Brexit. The most obvious platform to do so on is a select committee. Chuka Umunna has founded Vote Leave Watch, a campaign group, and is running to replace Keith Vaz on the Home Affairs elect committee. Emma Reynolds, a former shadow Europe minister, is running alongside Hilary Benn to sit on the newly-created Brexit committee. 

Then there is the written word - so long as what you write is controversial enough. Rachel Reeves caused a stir when she described control on freedom of movement as “a red line” in Brexit negotiations. Keir Starmer is still planning to publish his long-scheduled immigration report. Alison McGovern embarked on a similar tour of the country

Other MPs have thrown themselves into campaigns, most notably refugee rights. Stella Creasy is working with Alf Dubs on his amendment to protect child refugees. Yvette Cooper chairs Labour's refugee taskforce.

The debate about whether Labour MPs should split altogether is ongoing, but the warnings of history aside, some Corbyn critics believe this is exactly what the leadership would like them to do. Richard Angell, deputy director of Progress, a centrist group, said: “Parts of the Labour project get very frustrated that good people Labour activists are staying in the party.”

One reason to stay in Labour is the promise of a return of shadow cabinet elections, a decision currently languishing with the National Executive Committee. 

But anti-Corbyn MPs may still yet find their ability to influence policies blocked. Even if the decision goes ahead, the Corbyn leadership is understood to be planning a root and branch reform of party institutions, to be announced in the late autumn. If it is consistent with his previous rhetoric, it will hand more power to the pro-Corbyn grassroots members. The members of Labour's new awkward squad have seized on elections as a way to legitimise their voices. But with Corbyn in charge, they might get more democracy than they bargained for.